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UA CJ 100 - The Constitution
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CJ 100 1st Edition Lecture 4Outline of Current Lecture I. The ConstitutionII. The Bill of RightsIII. First AmendmentIV. Second AmendmentV. Third Amendment VI. Fourth AmendmentCurrent LectureThe constitution---The supreme law of the United Statesthe citizen needs to know their rights so that they can stand in courtIt has to involve something in the bill of rights. Each state has their own court---The first three articles establish the separation of powers (legislative, executive, judicial)why we have a constitution is to protect against a central large form of government---Concerns over a centralized powerBill of Rights--- First 10 amendments in the constitution. Ratified in 1791---Anti federalists argued that the constitution needed provisions that protected individual rights, liberties, and freedom---FEDERALISM the separation between state governments and federal governments---Designed to limit the power of the federal government.These notes represent a detailed interpretation of the professor’s lecture. GradeBuddy is best used as a supplement to your own notes, not as a substitute.---Protections originally applied only against the federal government ex. Barron vs. BaltimoreFirst Amendment---First amendment (The Great Amendment)Freedom of religion, press, speech, assembly and petitionmade because Great Britian was controlling and forced religious views and no freedom of press.this is in order to have a robust public debate.Do we truly have freedom of expression today? How the first Amendment Applied to CJ---Trial by media- the media comes up with the answer to a trial before the Jury does. Sheppard vs. Maxwell- Supreme Court overturned conviction because media publicity had prevented a fair trial (1st- freedom of press vs 6th right to a fair trial) ---Freedom of Assembly and Petition- (occupy wall street) Large protest movements---Internet, instant access to events via YouTube- SOPA (stop online piracy act)Second amendmentOften cited as the “right to bear arms”---is it for a militia purpose of for individuals? ---District of Columbia vs Heller (2008)—Second amendment protects and individual’s right t possess a firearm in federal enclaves (Previously had a handgun ban in homes)--- McDonald vs Chicago (2012) second amendment applied to individual states under the due process clause of the 14th amendment Third Amendment--Quartering troops--“No soldier shall, in time of peace be quartered in any house, without the consent of the owner, nor in time of war, but in a manner to be prescribed by law”---We haven’t dealt with this scenario since the revolutionFourth Amendment--a person will be secure, no unreasonable searches and seizures, no warrants shall issue, but upon probable cause.--Warrant- written court order instructing that a certain act be carried out. --- a law enforcement officer must have a reason and proof to search a home. This protects against from personal vendettas and grudges. Protection against corrupt officials.---Probable cause- legal justification for an arrest, search, or seizure, based on sufficient reason to think a crime has been committed. “Reasonable conclusion”---Search warrants- Authorities have to go before a neutral judge or magistrate and demonstrate probable cause---Exclusionary rule- prohibits courts from considering illegally obtained


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